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(영문) 부산지방법원 2018.01.12 2017노3461

도박

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (an administrative fine of three million won, a fine of two million won, a fine of two million won, and a fine of two million won) is too unreasonable.

2. The appellant for the judgment on the appeal filed by Defendant B or C shall submit a written reason for the appeal to the appellate court within 20 days from the date of receipt of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the written reason for the appeal is not submitted within the said period, the appellate court shall dismiss the appeal by its ruling (Article 361-4(1) of the same Act). The appellate court shall dismiss the appeal by means of a ruling unless the written reason for the appeal is presented within the said period (Article 361-4(1) of the same Act). The appellate court shall dismiss the appeal filed by this court on September 28, 2017; the defendant C received a notice of receipt of each of the relevant records of trial on October 26, 2017, but failed to submit a written reason for the appeal within the pertinent

3. The circumstance in which the defendant's decision on the appeal by the defendant A is against the defendant's wrong recognition is recognized.

However, considering the fact that the defendant had the same kind of crime (gambling) as well as several times of crime, and committed the crime of this case during the period of probation, the crime contents also take a relatively large amount of money in the gambling place beyond the purpose of friendship and gambling at the gambling place with a relatively large amount of money exceeding 3,000 won, and the case is not easy, and other all circumstances constituting the condition for sentencing as prescribed in Article 51 of the Criminal Act, the sentence imposed by the court below is heavy.

It is difficult to see it.

4. In conclusion, Defendant A’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and each appeal filed by Defendant B and C shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as Defendant A’s appeal is so decided, each appeal filed by Defendant B and C shall also be dismissed by decision. It is so decided as per Disposition.

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